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BATTLE v. DAYTON-HUDSON CORPORATION

No. 4-74 Civ. 127.

399 F.Supp. 900 (1975)

Bessie M. BATTLE, and Burnie Battle, Jr., a minor, by his parent and natural guardian, Burnie Battle, Sr., Plaintiffs, v. DAYTON-HUDSON CORPORATION, a Minnesota Corporation, and John Kelly, Defendants.

United States District Court, D. Minnesota, Fourth Division.

August 22, 1975.

Attorney(s) appearing for the Case

James A. Stolpestad, Stolpestad, Brown & Smith, St. Paul, Minn., for plaintiffs.

Robert T. Stich, Lasley, Gaughan, Reid & Stich, Minneapolis, Minn., for defendants.

MEMORANDUM AND ORDER

ALSOP, District Judge.

This action arises out of an incident that occured at a retail department store owned and operated by the defendant Dayton-Hudson Corporation (hereinafter Dayton's) in St. Paul, Minnesota. The individual defendant, John Kelly, a security employee of Dayton's, stopped and questioned the plaintiffs, then customers of defendant's retail store, about a pair of pants then thought by Kelly to be missing.

The...

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